Legal Opinion

Snipes v. . Wood

Supreme Court of North Carolina

Decided March 24, 1920PublishedCited by 2 opinions

Appeal by plaintiff from Guión, J., at November Term, 1919, of Wake. Tbis case, as stated in tbe record, is as follows, it being necessary to set out tbe evidence, as there was a directed verdict. Tbe plaintiff brought tbis suit to recover tbe penalty of $200 for tbe unlawful issuing of a marriage license, resulting in a marriage between plaintiff’s 13-year-old daughter and one Louis Zapantas, a Greek.

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Appeal by plaintiff from Guión, J., at November Term, 1919, of Wake. Tbis case, as stated in tbe record, is as follows, it being necessary to set out tbe evidence, as there was a directed verdict. Tbe plaintiff brought tbis suit to recover tbe penalty of $200 for tbe unlawful issuing of a marriage license, resulting in a marriage between plaintiff’s 13-year-old daughter and one Louis Zapantas, a Greek. Plaintiff further contended that tbe said marriage license was issued without bis written consent, and that tbe defendant did not make reasonable inquiry as to whether there was legal…

1Opinion of the Court

Walker, J.,

after stating the case: The plaintiff admitted the facts to be as testified by the defendant and his witness, W. H. Penny, and the question of due inquiry by the defendant before issuing the marriage license therefore became one of law. We are of the opinion that there was error, unless we are to overrule the many previous decisions of this Court upon this subject. The cases, or a majority of them, will be found in Gray v. Lentz, 173 N. C., 346, where the law is fully stated. The Court said in Williams v. Hodges, 101 N. C., 303: “The license shall not be issued as of course to any…

2Cases cited9 opinions

  1. Cole v. . LawsSupreme Court of North Carolina · 1889
  2. Williams v. . HodgesSupreme Court of North Carolina · 1888
  3. Furr v. Johnson.Supreme Court of North Carolina · 1905
  4. Trolinger v. Boroughs.Supreme Court of North Carolina · 1903
  5. Agent v. . WillisSupreme Court of North Carolina · 1899

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3Cited by2 opinions

  1. Lemmons v. . SigmanSupreme Court of North Carolina · 1921
  2. Lemmons v. SigmanSupreme Court of North Carolina · 1921

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